Jayavel @ Kondu v. State Rep By The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL Jayavel @ Kondu S/o. Vardhan, Mettu Street, Araiyalam, Arani Taluk, Tiruvannamalai District ..Petitioner/Accused Vs.

State rep. By The Sub Inspector of Police Arani Taluk Police Station, Tiruvannamalai District.

(Crime No.141 of 2026) ..Respondent/ Complainant Prayer: This Criminal Original Petition has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the Petitioner on bail relating to Crime No.141 of 2026 on the file of the Respondent Police.

For Petitioner :

Ms.M.Kaviya For Respondent :

Mr.L.Baskaran, Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed by the Petitioner on 19.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.

2. The Petitioner/Accused was arrested and remanded to judicial custody on 24.03.2026, for the alleged offences punishable under Sections 296(b), 109 @ 296(b) & 103(1) of BNS, 2023 in Crime No.141 of 2026 on the file of the Respondent-Police.

3. The case of the prosecution is that on 23.03.2026, the de facto complainant viz., Latha had lodged a complaint to the Respondent-Police stating that the Petitioner and her brother-in-law's son viz., Renugopal have some previous enmity between them; as such, on 23.03.2026, at around 07.45 p.m., when Renugopal was standing in the street where children were playing next to him, Petitioner had driven his motorcycle in a rash and negligent manner; on seeing this, Renugopal scolded the Petitioner for his act of rash driving; immediately, the Petitioner stopped the bike and scolded Renugopal in a filthy language and also, the Petitioner attacked Renugopal on his head with an iron rod; as a result of which, Renugopal was bleeding and fainted in the same place; immediately, the de facto complainant, his son viz.

, Karthick and other neighbours took Renugopal to Arani Government Hospital and admitted him there as an inpatient. Based on the complaint given by the de facto complainant, the Respondent-Police registered a case against the Petitioner and arrested him on 24.03.2026. Since the Renugopal was in an intensive state, he was sent to Vellore Adukkamparai Government Medical College and Hospital for further treatment, but, he died on 24.03.2026 at around 7.15 p.m.

4. Ms.M.Kaviya, learned counsel for the Petitioner submits that the Petitioner is an innocent person and he has not committed any offence as alleged by the prosecution; the Petitioner has no previous criminal antecedents and he has been falsely implicated in this case. She further submits that the Petitioner has been under the judicial custody since 24.03.2026 and he is ready to abide by any stringent conditions that may be imposed by this Court. Therefore, the learned counsel prays to grant bail to the Petitioner.

5. Per contra, Mr.L.Baskaran, the learned Government Advocate (Criminal Side) appearing for the Respondent-Police submits that on 23.03.2026, Petitioner attacked Renugopal on his head with an iron rod, due to the grievous head injury sustained by the Renugopal, he died on 24.03.2026 i.e., the very next day of alleged occurrence. Therefore, the learned Government Advocate (Crl.Side) submits that he has strong objection to grant bail to the Petitioner and also, he prays to dismiss this petition.

6. Heard the learned counsel on both sides. This Court has perused all the materials available on record.

7. The Petitioner was arrested on 24.03.2026. The Petitioner has permanent residence and therefore, there is less possibility of absconding.

Considering the period of incarceration undergone by the Petitioner and taking note of the fact that the Petitioner has no previous criminal antecedents, this Court is of the view that further custody of the Petitioner is not necessary in this case. Hence, this Court is inclined to grant bail to the Petitioner, subject to the following conditions:

(i) The Petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the learned Judicial Magistrate, Arani.

(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate, Arani shall obtain a copy of any one of their identity proofs to ensure their identity. (iii) The Petitioner shall appear and sign before the Respondent-Police daily at 10.30 a.m. and 5.00 p.m., until further orders. (iv) The Petitioner shall furnish his residential address and mobile numbers to the learned Judicial Magistrate, Arani. (v) The Petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNSS, 2023. (vi) The Petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

(vii) The Petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(viii) The Petitioner shall also not directly or indirectly, cause any threat to the de facto complainant and witnesses.

(ix) The Petitioner shall not enter into the de facto complainant's house or her work place.

(x) The Petitioner shall not try to contact the de facto complainant and witnesses either directly or through any electronic mode. (xi) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Arani or Trial Court is entitled to pass appropriate orders against the Petitioner, in accordance with law, as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

21-05-2026 mrr

Note:-

1. Registry is directed to forthwith upload this order in the official website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To 1.The Judicial Magistrate, Arani.

2.The Superintendent, Central Jail, Thoraipadi, Vellore District.

3.The Sub Inspector of Police Arani Taluk Police Station, Tiruvannamalai District.

4.The Public Prosecutor, High Court, Madras.

R.SAKTHIVEL, J.

mrr 21-05-2026